PAR Filed by Unauthorized Tenant Representative Dismissed

(Decision submitted by Elizabeth Lentini of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Tenants complained of a reduction in building-wide services, based on a number of conditions. The DRA ruled for tenants and ordered a restoration of services based on an inspector’s findings that: (1) vermin control was needed in the backyard; (2) front and back building grounds weren't maintained; (3) the lobby floor covering was defective; and (4) there was peeling paint and plaster in the incinerator room. Tenants appealed, seeking further findings that backyard benches were improperly removed, and that a prior DHCR order granted them backyard access and a storage area. Landlord argued that the tenants’ PAR was filed by an unauthorized representative. The DHCR agreed with landlord and dismissed tenants’ PAR. The tenants’ representative lacked standing to file either as a tenant or tenants’ representative in the PAR proceeding because she wasn’t a tenant at the building when the PAR was filed and she failed to submit proper authorization signed by tenants. The representative submitted only a copy of tenant signatures that had been submitted with the complaint to the DRA. 

Oregon Realty Corp./The Oregon Building Tenants Association: DHCR Adm. Rev. Docket Nos. EP130041RO, EP120063RT (8/11/16) [4-pg. doc.]